ON THE CROWN

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BEGIN, men of Athens, by praying to every god and goddess that the same good-will, which I have ever cherished toward the commonwealth and all of you, may be requited to me on the present trial.1 I pray likewise-and this especially concerns yourselves, your religion, and your honour that the gods may put it in your minds not to take counsel of my opponent touching the manner in which I am to be heard that would indeed be cruel!but of the laws and of your oath; wherein (besides the other obligations) it is prescribed that you shall hear both sides alike. This means, not only that you must pass no precondemnation, not only that you must extend your good-will equally to both, but also that you must allow the parties to adopt such order and course of defence as they severally choose and prefer.

2

Many advantages hath Æschines over me on this trial; and two especially, men of Athens. First, my risk in the contest is not the same. It is assuredly not the same for me to forfeit your regard, as for my adversary not to suc ceed in his indictment. To me-but I will say nothing untoward at the outset of my address. The prosecution, however, is play to him. My second disadvantage is, the natural disposition of mankind to take pleasure in hearing invective and accusation, and to be annoyed by those who praise themselves. To Æschines is assigned the part which gives pleasure; that which is (I may fairly say) offensive to all, is left for me. And if, to escape from this, I make no mention of what I have done, I shall appear to be without defence against his charges, without proof of my claims to honour: whereas, if I proceed to give an account of my conduct and measures, I shall be forced to speak frequently of myself. I will endeavour, then, to do so with all becoming modesty: what I am driven to by the necessity of the

case will be fairly chargeable to my opponent who has instituted such a prosecution.

I think, men of the jury, you will all agree that I, as well as Ctesiphon, am a party to this proceeding, and that it is a matter of no less concern to me. It is painful and grievous to be deprived of anything, especially by the act o of one's enemy; but your good-will and affection are the heaviest loss, precisely as they are the greatest prize to gain.

Such being the matters at stake in this cause, I conjure and implore you all alike to hear my defence to the charge in that fair manner which the laws prescribe-laws, to which their author, Solon, a man friendly to you and to popular rights, thought that validity should be given, not only by the recording of them, but by the oath of you, the jurors; not that he distrusted you, as it appears to me, but, seeing that the charges and calumnies, wherein the prosecutor is powerful by being the first speaker, can not be got over by the defendant, unless each of you jurors, observing his religious obligation, shall with like favour receive the arguments of the last speaker, and lend an equal and impartial ear to both, before he determines upon the whole case.

As I am, it appears, on this day to render an account both of my private life and my public measures, I would 'ain, as in the outset, call the gods to my aid; and in your presence I implore them, first, that the good-will which I have ever cherished toward the commonwealth and all of you may be fully requited to me on the present trial; next, that they may direct you to such a decision upon this indictment as will conduce to your common honour, and to the good conscience of each individual.

Had Æschines confined his charge to the subject of the prosecution, I too would have proceeded at once to my justification of the decree. But since he has wasted no fewer words in the discussion of other matters, in most of them calumniating me, I deem it both necessary and just, men of Athens, to begin by shortly adverting to these points, that none of you may be induced by extraneous arguments to shut your ears against my defence to the indictment.

To all his scandalous abuse of my private life, observe my plain and honest answer. If you know me to be such as he alleged-for I have lived nowhere else but among you-let not my voice be heard, however transcendent my statesmanship! Rise up this instant and condemn me! But if, in your opinion and judgment, I am far better and of better descent than my adversary; if (to speak without offence) I am not inferior, I or mine, to any respectable citizens, then give no credit to him for his other statements-it is plain they were all equally fictions-but to me let the same good-will which you have uniformly exhibited upon many former trials be manifested now. With all your malice, Æschines, it was very simple to suppose that I should turn from the discussion of measures and policy to notice your scandal. I will do no such thing; I am not so crazed. Your lies and calumnies about my political life I will examine forthwith; for that loose ribaldry I shall have a word hereafter, if the jury desire to hear it.

The crimes whereof I am accused are many and grieyous: for some of them the laws enact heavy-most severe penalties. The scheme of this present proceeding includes a combination of spiteful insolence, insult, railing, aspersion, and everything of the kind; while for the said charges and accusations, if they were true, the state has not the means of inflicting an adequate punishment, or anything like it. For it is not right to debar another of access to the people and privilege of speech; moreover, to do so by way of malice and insult-by Heaven! is neither honest, nor constitutional, nor just. If the crimes which he saw me committing against the state were as heinous as he so tragically gave out, he ought to have enforced the penalties of the law against them at the time; if he saw me guilty of an impeachable offence, by impeaching and so bringing me to trial before you; if moving illegal decrees, by indicting me for them. For surely, if he can prosecute Ctesiphon on my account, he would not have forborne to indict me myself had he thought he could convict me. In short, whatever else he saw me doing to your prejudice, whether mentioned or not mentioned in his catalogue of slander, there are laws for such things, and punishments, and trials, and judgments, with sharp and severe penalties,